Public Utilities Commission of the State of California s8

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Telecommunications Division RESOLUTION T-16275 Carriers Branch * Date: February 18, 1999

R E S O L U T I O N

RESOLUTION T-16275. LINQ UP AMERICA (LOS ANGELES), INC. (U-5298-C). REVOCATION OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. ______

SUMMARY

This Resolution revokes the Certificate of Public Convenience and Necessity of Linq Up America (Los Angeles), Inc. (U-5298-C), which has had authority to operate as an non-dominant inter-exchange carrier since August 1992. It apparently has no customers and fails to respond to inquiries from Commission staff.

BACKGROUND

In Decision 98-02-009 the Commission ordered an audit of all California telephone corporations with the purpose “to ensure industry-wide compliance with Public Utilities Code Section 2889.5.” That statute requires implementation of third-party verification (TPV) by carriers providing residential competitive service. The decision required all certificated inter-exchange carriers (IECs), and all certificated competitive local exchange carriers (CLCs) to complete and submit a compliance questionnaire (survey). In total 617 carriers were sent the survey. As of May 26, 1998, 354 carriers had responded in writing to the survey, leaving 263 carriers not responding. No response was received from Linq Up America (Los Angeles), Inc. (LUALA).

In a June 30, 1998, report to Workshop Participants on Unauthorized Transfer of Service and Billing (R.97-08-001/I.97-08-002) the Telecommunications Division staff stated that it would attempt to contact those carriers not responding to the survey and recommend what action the Commission should take. This resolution discusses the staff investigation and recommendations with respect to the failure of LUALA to submit a completed survey ordered by Decision 98-02- 009.

88657 Resolution No. T-16275 February 18, 1999 U-5298-C/JSH

DISCUSSION

LUALA filed for its Certificate of Public Convenience and Necessity (CPCN) as a non-dominant inter-exchange carrier in Application 92-09-030. Authority was granted in Decision 92-12-037. LUALA filed tariffs in 1993 and has not filed any updates or revisions.

LUALA was served a copy of Decision 98-02-009 with the TPV survey on February 5, 1998. No response was received. A Notice of Non-Compliance and second copy of the survey was mailed by the Telecommunications Division on March 27, 1998. No response was received. A June 23, 1998, Utility Contact System (UCS) update request mailed to LUALA (part of a mailing to all carriers) was returned by the U.S. Post Office as undeliverable. Upon review of LUALA’s original application, Telecommunications Division staff found that the mailing address for LUALA was listed as 19553 Parthenia Street, Suite F, Northridge, CA.

Telecommunications Division (TD) staff called the attorney who filed LUALA’s application and the telephone number is no longer associated with the attorney’s office. The telephone number listed for LUALA no longer belongs to them but rather to a private business.

Telecommunications Division staff searched the internet business yellow pages for the Northridge, CA. area and found no listing for LUALA. TD staff also contacted directory Assistance and no listing was found for LUALA.

Telecommunications Division staff searched Commission records to determine if LUALA has submitted any recent filings. LUALA filed tariffs in 1993, but has not filed any revisions since then, filed only their 1995 annual report, no surcharges/fee transmittals, and no Year 2000 compliance filings were found.

LUALA is certificated by the California Secretary of State as a foreign corporation for the purpose of transacting business in California. On November 16, 1998, pursuant to the provisions of Section 2205 and 2206 of the California Corporations Code, the Secretary of State notified the Franchise Tax Board that the corporate powers, rights and privileges of LUALA had been suspended for failure to file a statement pursuant to Section 1502 of the California Corporation Code, and that on the same date, a notice was mailed to LUALA informing that its corporate powers, rights and privileges were suspended.

The Telecommunications Division staff concludes that LUALA is not in business and has no customers. It recommends the Certificate of Public Convenience and Necessity of LUALA be revoked and its utility ID number, U-5298-C, be cancelled and not reissued.

The draft resolution of the Telecommunications Division in this matter was mailed to the parties in accordance with PU Code Section 311 (g). No comments were filed on this resolution.

FINDINGS

1. Linq Up America (Los Angeles), Inc. obtained its Certificate of Public Convenience and Necessity (CPCN) in Decision 92-12-037.

2. Linq Up America (Los Angeles), Inc. has failed to respond to numerous Telecommunications Division staff inquiries, including the TPV survey required by Commission Decision 98-02- 009.

3. Linq Up America (Los Angeles), Inc. cannot be contacted by the Telecommunications Division staff.

4. Linq Up America (Los Angeles), Inc. has filed no tariffs since 1993, and no annual reports, since 1995 nor has the company submitted any surcharges or fees to the Commission.

5. Linq Up America (Los Angeles), Inc., is a foreign corporation and has not complied with with the California Corporations Code and the Secretary of State has suspended the corporate powers, rights and privileges of Linq Up America (Los Angeles), Inc. on November 16, 1998.

6. Linq Up America (Los Angeles), Inc. appears to be not in business nor to have any customers.

7. Linq Up America (Los Angeles), Inc’s CPCN should be revoked and its Utility Identification Number (U-5298-C) should be cancelled and not reissued.

THEREFORE, IT IS ORDERED that:

1. The Certificate of Public Convenience and Necessity formerly granted to Linq Up America (Los Angeles), Inc. is revoked.

2. The Utility Identification Number (U-5298-C) for Linq Up America (Los Angeles), Inc. is cancelled and will not be reissued.

This Resolution is effective today.

I hereby certify that this Resolution was adopted by the Public Utilities Commission at its regular meeting on February 18, 1999. The following Commissioners approved it:

/s/ WESLEY M. FRANKLIN WESLEY M. FRANKLIN Executive Director

RICHARD A. BILAS President HENRY M. DUQUE JOSIAH L. NEEPER Commissioners